That is truly a horror story. That facility and that attorney ought to be prosecuted for fraud, why they aren't is a mystery to me.

I would bet there are a fair # of clients this attorney and this facility have scammed - has anyone talked with an attorney about a class action suit?

Finally, not only can the attorney be prosecuted for fraud, I would imagine he could be disbarred and the facility could lose its license if victims were to file a complaint with their state BAR association and with the regulatory body that licenses these facilities. Testifying before the Senate is important, but these victims may have other avenues for getting justice, including some financial compensation for the financial hardship these scams have caused them. I hope they pursue all avenues open to them.

I'm working on that! Going back to DC the week of July 10th. The property that this happen at is owned by Holiday Touch Corp, and this is only "1" story of thousands and thousands whose stories are just as devestating.

Holiday owns Retirement and Independent properties and know full well that they do not meet nor offer servies that qualify for Aid and Attendance.

Senator Claire McKaskill believes there should be some way to criminalize these actions, and I am going to do everything I can to help her.

You should write to her office and share your thoughts on the matter. She is the daughter of a WWII Veteran.

I'm working on that! Going back to DC the week of July 10th. The property that this happen at is owned by Holiday Touch Corp, and this is only "1" story of thousands and thousands whose stories are just as devestating.

Holiday owns Retirement and Independent properties and know full well that they do not meet nor offer servies that qualify for Aid and Attendance.

Senator Claire McKaskill believes there should be some way to criminalize these actions, and I am going to do everything I can to help her.

You should write to her office and share your thoughts on the matter. She is the daughter of a WWII Veteran.

I was quoted $5,000 for the following from the elder care attorney I used for help with my Mother:

$3,500 to prepare and file paperwork for guardianship (this never happened)
$1,500 to complete forms for VA Aid & Attendance (I did all of the leg work to furnish the necessary information)

Another $1,500 was required if I requested assistance in filing for Medicaid (which I have not pursued). I presented a check for $5,000 (written out of Mother's account) to the attorney. To date the VA Aid & Attendance is the only service that I have needed or received. I have had no luck in trying to get a refund from this attorney.

My advice is to save your money and ask for assistance directly from the VA so that you won't get ripped off by a money hungry attorney.

Reading this testimony after my father's home visit today sends chills down my spine. He is in a Holiday facility and had a VA rep show up unannounced and she interrogated him today. His facility has on-site care that he uses daily. His physician has also certified that he is unable to fix his meals due to extreme SOB and that he needs assistance with medication management and dressing. They have a call system that he has used if he falls or needs assistance. He loves the facility and is now terrified that he is going to have to move. The facility has other residents who receive the benefit. He was never told that he had to pay money to apply, but was told that he would certainly qualify. When I researched it over a year ago he looked like he qualified from everything I saw and I saw nothing in the VA requirements that specified assisted living.

I have no idea who the VA rep was or in what capacity. They didn't make an appointment, she just showed up. Dad is 85 and knows she was from the VA. She had his physician's statement and grilled him about it. It bothers me ALOT that they didn't make an appointment. I worry about them taking advantage of him. He is now terrified because it seemed like an inquisition to him.

You can thank Holiday for that, and the fact they have falsified so many applicaitons with deferred rents while claiming full market rent, and embellishing Dr's statements.

She obviously had an agenda if she had his physician's statement in her hand.

Did she leave him her card where you can call and find out what the visit was about. I am curious if she visited other residents. Seems odd she would just show up without even knowing if he would be there.

Senator Burr is heavily involved in the Senate investigation on the "Pension Poachers" and it may be that he directed that Holiday properties be vetted. That's just a guess on my part, but he is also on the Veteran's Senate Committee, and I would not be surprised if this was the case.

It seems so sad that the pressure would be directed to an elderly veteran.
The vet is just trying to get help to pay there living expenses.
I sure hope they make progress so vets can be clear what is an eligible expense and what is not.
If all independent living facilitys rent is not deductible than the vet should know up front.
That must have been frightening for him.

I don't think it was related to fiduciary, only because looking at previous posts, I don't think they have actually been granted the benefit yet. Doesn't fiduciary always come after they propose the vet to be incompetent?